I’ve posted Mandy (iam:kitten, cut by Dave) a few times before, but the reason I’m posting her today is that I saw a rather disconcertingly similar piece recently — which I should mention that the wearer insists was planned separately. It’s a really pretty design, so I suppose it’s no surprise that it would be duplicated eventually, but independent of debates about “plagiarism” versus “inspiration” versus “great minds think alike”, I like them both and hope that people are able to walk away without hard feelings on either side.
Comments
174 responses to “Scars by Dave Gillstrap”
Very nice, Nae. I look forward to seeing where you go from here, but even if you did nothing more, it would still be nice as is.
As for all the swiping nonsense, I agree with Shannon’s first comment: unless it’s something extremely personal, getting inspiration from someone else’s body art/mods is no big deal. After all, was it Picasso who said “great artists steal”? How many of you who are bashing Nae were the first to come up with a piercing, or a place to get a tat done, or a way to cut/dye your hair… etc? Nothing’s so original. Get over yourselves.
Besides, Nae said she didn’t get the idea from Kitten, just a coincidence. ‘Nuff said.
Very nice, Nae. I look forward to seeing where you go from here, but even if you did nothing more, it would still be nice as is.
As for all the swiping nonsense, I agree with Shannon’s first comment: unless it’s something extremely personal, getting inspiration from someone else’s body art/mods is no big deal. After all, was it Picasso who said “great artists steal”? How many of you who are bashing Nae were the first to come up with a piercing, or a place to get a tat done, or a way to cut/dye your hair… etc? Nothing’s so original. Get over yourselves.
Besides, Nae said she didn’t get the idea from Kitten, just a coincidence. ‘Nuff said.
Nae, I’d like to do something bold that may get me flack. I’m sorry to see you receiving so much negativity from our own community. Admittedly there is a lot of support & this is a free forum for people to express their opinions but I personally have never agreed with people bashing other people’s modifications. There is a world of difference between two people making a very personal choice for very different reasons that turns out to be simmilar & someone stealing body art for profit (IE all of those crappy t-shirts that show up on Ebay without any credit to the artists who originally designed the piece or even acknowledgement for the origin of the piece). I personally wear a lower leg sleeve based on a print by Utagawa Kuniyoshi that has been tattooed in some format thousands of times. The placement doesn’t sit entirely correct within traditional tattooing & the image is by no means an exact replica of the print. I wear it because it holds deep personal significance (it’s based around a folk tale about an Ama who sacrificed herself & is traditionally worn for luck by people who, like me, have a loved one who dives. I suppose what I’m saying is that to me it doesn’t matter how many times a piece has been done or how much it looks like the work on another, it’s what it means to & how it makes the wearer feel. More power to both of those gorgeous girls & the beautiful work you both wear.
Nae, I’d like to do something bold that may get me flack. I’m sorry to see you receiving so much negativity from our own community. Admittedly there is a lot of support & this is a free forum for people to express their opinions but I personally have never agreed with people bashing other people’s modifications. There is a world of difference between two people making a very personal choice for very different reasons that turns out to be simmilar & someone stealing body art for profit (IE all of those crappy t-shirts that show up on Ebay without any credit to the artists who originally designed the piece or even acknowledgement for the origin of the piece). I personally wear a lower leg sleeve based on a print by Utagawa Kuniyoshi that has been tattooed in some format thousands of times. The placement doesn’t sit entirely correct within traditional tattooing & the image is by no means an exact replica of the print. I wear it because it holds deep personal significance (it’s based around a folk tale about an Ama who sacrificed herself & is traditionally worn for luck by people who, like me, have a loved one who dives. I suppose what I’m saying is that to me it doesn’t matter how many times a piece has been done or how much it looks like the work on another, it’s what it means to & how it makes the wearer feel. More power to both of those gorgeous girls & the beautiful work you both wear.
Shannon, you might say this wasn’t posted to bash Nae.. but inevitably, thats what happened. Shit, she was even badgered about this by a BME qod STAFF MEMBER on her forum, hello unprofessional. People working/volunteering for BME should know better then to bash and rag on the very people that make up this community.
Shannon, you might say this wasn’t posted to bash Nae.. but inevitably, thats what happened. Shit, she was even badgered about this by a BME qod STAFF MEMBER on her forum, hello unprofessional. People working/volunteering for BME should know better then to bash and rag on the very people that make up this community.
Wow. I turn my computer off for a week and the whole community goes nuts. I have a few things to say:
Imitiation is definately a form of flattery and frankly I am not bothered that a “similar” piece has been done. It is unfortunate that people get the same thing as other people and though they are extremely similar, they are indeed different.
The main reason why I don’t display my own tattoos and whatnot on this format or any other are because of biters or even those inspired to get something similar. If the work is bad ass it will be replicated over and over again.
I don’t know Nae but I of course wish her no ill will for getting something done that she wanted and they planned out. I do know Keylan and I am proud to be one of those that have helped polish him into the artist that he is now.
Those that are comparing this to tattoos I will say this: IT ISN’T A FUCKING TATTOO. it’s a scar and I know that when I had my scarification work done it was very personal and has more meaning than anything else I have ever done to myself. I scar comes from you. You make it it isn’t ink and not everyone does it…yet. Hell let it become like tattooing maybe I can make some real money at this gig.
To those that keep saying that there is nothing custom or original about the piece. I am insulted. Every piece that I do, I study the motion and movement of the anatomy and the form and shape of the body. I knew what I was putting where and that is why the piece seems so elegant and simplistic. It was designed and drawn directly on her to fit her. How the fuck is that not custom?
I can clearly tell from the picture that it is not the same and I can also tell that it will not heal the same way. so people are going a bit over board a little too quickly. I am only concerned by the “it’s not finished” comment. It can go one of two ways. The direction and placement can be different and since the heat is on, I would highly suggest not going down the leg or if you do, make it a hell of alot different. Mandy is also planning to get her other side, she wanted me to do it at the time we did the first one but it was I who wanted her to heal one out first. It will be a balanced motif and similar to the other side but not Identical.
Keylan and I are sraight…Mandy ain’t trippin….Leave the other chick alone.
-the artist that did the piece
Wow. I turn my computer off for a week and the whole community goes nuts. I have a few things to say:
Imitiation is definately a form of flattery and frankly I am not bothered that a “similar” piece has been done. It is unfortunate that people get the same thing as other people and though they are extremely similar, they are indeed different.
The main reason why I don’t display my own tattoos and whatnot on this format or any other are because of biters or even those inspired to get something similar. If the work is bad ass it will be replicated over and over again.
I don’t know Nae but I of course wish her no ill will for getting something done that she wanted and they planned out. I do know Keylan and I am proud to be one of those that have helped polish him into the artist that he is now.
Those that are comparing this to tattoos I will say this: IT ISN’T A FUCKING TATTOO. it’s a scar and I know that when I had my scarification work done it was very personal and has more meaning than anything else I have ever done to myself. I scar comes from you. You make it it isn’t ink and not everyone does it…yet. Hell let it become like tattooing maybe I can make some real money at this gig.
To those that keep saying that there is nothing custom or original about the piece. I am insulted. Every piece that I do, I study the motion and movement of the anatomy and the form and shape of the body. I knew what I was putting where and that is why the piece seems so elegant and simplistic. It was designed and drawn directly on her to fit her. How the fuck is that not custom?
I can clearly tell from the picture that it is not the same and I can also tell that it will not heal the same way. so people are going a bit over board a little too quickly. I am only concerned by the “it’s not finished” comment. It can go one of two ways. The direction and placement can be different and since the heat is on, I would highly suggest not going down the leg or if you do, make it a hell of alot different. Mandy is also planning to get her other side, she wanted me to do it at the time we did the first one but it was I who wanted her to heal one out first. It will be a balanced motif and similar to the other side but not Identical.
Keylan and I are sraight…Mandy ain’t trippin….Leave the other chick alone.
-the artist that did the piece
#33 I totally agree with you. This girl does NOT need to be bashed for having something she felt would make her body even more beautiful. She went through the sacrifice and the pain and it really means something special to her. To read all the nasty comments on her page and on here makes me ashamed.
How do these people can talk down to her and make her feel bad about a mod is disgusting to me. We are supoosed to be more open minded here aren’t we?? I would hope we would be considering we’re a group of people that modify our bodies for the love and compassion of beauty and pain.
I feel really bad for her.
#33 I totally agree with you. This girl does NOT need to be bashed for having something she felt would make her body even more beautiful. She went through the sacrifice and the pain and it really means something special to her. To read all the nasty comments on her page and on here makes me ashamed.
How do these people can talk down to her and make her feel bad about a mod is disgusting to me. We are supoosed to be more open minded here aren’t we?? I would hope we would be considering we’re a group of people that modify our bodies for the love and compassion of beauty and pain.
I feel really bad for her.
Since Dave’s addressed the issue, I don’t feel the need to say anything more. He covered it. Thank you Dave!
Since Dave’s addressed the issue, I don’t feel the need to say anything more. He covered it. Thank you Dave!
#54/Maria: So, because I am a QOD staff member, I’m not allowed to voice my opinion anymore? That’s ridiculous. I didn’t “bash” or “rag on” anyone at any time, I voiced my disapproval over what I perceive to be a plainly obvious theft of someone else’s idea, publicly and proudly posted, and at the time with NO disclaimers of “Oh, I know this looks a bit like kitten’s piece, but it’s not finished and this is how it’s going to be different.” The gist of the explanation was to the effect of “I know it’s like kitten’s, but I totally wanted it before I saw that, anyway, and I don’t care what anyone thinks.” I haven’t resorted to name-calling or petty personal insults, unlike all the shit being slung at me for daring to point out the obvious. Oh, so Nae now feels bad because a few people are calling her on it. How about how utterly sick Mandy must’ve felt after a bunch of people pointed out Nae’s post to her – incidentally, I was not one of them, I only saw this around the same time Shannon did? I’m certainly not the only person who’s said something about it, why am I getting singled out as some lone voice of contention?
As I’ve stated repeatedly, I don’t like seeing original, custom work get copied or ripped off – and argue all you like, people, but this piece DOES LOOK RIPPED OFF TO ME – especially when the original piece is so relatively well-known within the community. Do I think all angel tattoos are ripped off of Elayne Angel’s? No. Would I perceive large, shoulder-to-bum blackwork feathered angel wings a ripoff? Sure, and so would Elayne’s attorneys, I’d imagine. This is more than just a sakura, more than just a random flower design – it’s the same motif, the same flowers shapes, the same placement. Dave’s posted that he’s not bothered about it, cool, that’s great. I’m glad you’re all cool with each other. I still think it’s sad to openly knock off other people’s original work, and I’m not going to change my opinion because of a little name-calling, sorry.
I feel really bad for everyone who thinks that not agreeing with someone equals a flamewar or a total breakdown of IAM or whatever. How new are you guys to the internet? Open debate and discussion are what these comment forums are all about.
#54/Maria: So, because I am a QOD staff member, I’m not allowed to voice my opinion anymore? That’s ridiculous. I didn’t “bash” or “rag on” anyone at any time, I voiced my disapproval over what I perceive to be a plainly obvious theft of someone else’s idea, publicly and proudly posted, and at the time with NO disclaimers of “Oh, I know this looks a bit like kitten’s piece, but it’s not finished and this is how it’s going to be different.” The gist of the explanation was to the effect of “I know it’s like kitten’s, but I totally wanted it before I saw that, anyway, and I don’t care what anyone thinks.” I haven’t resorted to name-calling or petty personal insults, unlike all the shit being slung at me for daring to point out the obvious. Oh, so Nae now feels bad because a few people are calling her on it. How about how utterly sick Mandy must’ve felt after a bunch of people pointed out Nae’s post to her – incidentally, I was not one of them, I only saw this around the same time Shannon did? I’m certainly not the only person who’s said something about it, why am I getting singled out as some lone voice of contention?
As I’ve stated repeatedly, I don’t like seeing original, custom work get copied or ripped off – and argue all you like, people, but this piece DOES LOOK RIPPED OFF TO ME – especially when the original piece is so relatively well-known within the community. Do I think all angel tattoos are ripped off of Elayne Angel’s? No. Would I perceive large, shoulder-to-bum blackwork feathered angel wings a ripoff? Sure, and so would Elayne’s attorneys, I’d imagine. This is more than just a sakura, more than just a random flower design – it’s the same motif, the same flowers shapes, the same placement. Dave’s posted that he’s not bothered about it, cool, that’s great. I’m glad you’re all cool with each other. I still think it’s sad to openly knock off other people’s original work, and I’m not going to change my opinion because of a little name-calling, sorry.
I feel really bad for everyone who thinks that not agreeing with someone equals a flamewar or a total breakdown of IAM or whatever. How new are you guys to the internet? Open debate and discussion are what these comment forums are all about.
Some where in the terms of service it says you cannot go on other peoples forums and say things like “you’re tattoos such”and that is just what the QOD staffer in question did. Saying how it doesn’t flow well etc…Not nice. Also this appears to be a fresh piece? LEAVE HER ALONE TO HEAL. Healing something like this is an ordeal in and of itself. Jesus.
Some where in the terms of service it says you cannot go on other peoples forums and say things like “you’re tattoos such”and that is just what the QOD staffer in question did. Saying how it doesn’t flow well etc…Not nice. Also this appears to be a fresh piece? LEAVE HER ALONE TO HEAL. Healing something like this is an ordeal in and of itself. Jesus.
Sorry bad spelling I meant suck not such
Sorry bad spelling I meant suck not such
it’s a sakura, how original can you get with it? [2]
it’s a sakura, how original can you get with it? [2]
One last thing. A well known and respected scarification artist once said he could do the same cut on 10 different people and get 10 different scars. I think we should embrace the chance to see this happen as Nae heals. Not that I think they are exactly the same I don’t but instead of discouraging Nae to share this interesting process I think we should we more open minded and curious. Like Dave Gilstrap said above “it will not heal the same.”
One last thing. A well known and respected scarification artist once said he could do the same cut on 10 different people and get 10 different scars. I think we should embrace the chance to see this happen as Nae heals. Not that I think they are exactly the same I don’t but instead of discouraging Nae to share this interesting process I think we should we more open minded and curious. Like Dave Gilstrap said above “it will not heal the same.”
it’s easy to see that sakura isn’t an original design for any form of work. I do like the design of the second piece better, but the first is just as pretty. Call it a matter of taste, I guess.
Cherry blossoms are just a classic.
it’s easy to see that sakura isn’t an original design for any form of work. I do like the design of the second piece better, but the first is just as pretty. Call it a matter of taste, I guess.
Cherry blossoms are just a classic.
after reading through all that, all i can say is thats why i am selective to what i put on the internet or allow pictures of my work, so that it stays unique to me
after reading through all that, all i can say is thats why i am selective to what i put on the internet or allow pictures of my work, so that it stays unique to me
Lori,
Maybe the shit is being slung at you because you’re so certain you have a rock-solid point when you’re completely wrong. They’re not the same piece, the blossoms are not shaded in the same way, and most importantly, [b]the placement is not the same[/b]. Look at the two pictures side by side – the blossoms are absolutely not in the same places, nor are the petals. There’s a huge difference between being ‘somewhere on the rib cage’ and the specific location within that relatively large space. The movement of both pieces is clearly different.
I think the fact that you’re prone to ignore really important aspects of design is even more evident when you say you’d be as offput by the idea of someone with large wings as a backpiece, as though Elayne Angel was the only person to think of such a thing. Hell, she’s probably not even the first to get a piece like that done. And bringing in an attorney’s opinion is completely irrelevant; this is not a copyright issue. Just because it gets a lot of attention on BME dosn’t make a piece incredibly unique or original, in theory or practice.
If Mandy was that upset by seeing someone with similar work, that’s her fault for getting work done using a very common theme and thinking she would be the only one. Quite frankly, if she’s so upset that her look isn’t as unique as she thought it was, I have to seriously question her motivation for getting the piece done in the first place. The definition of a ‘motif’ is a recurrent element in artistic work, more or less. The fact that they have a similar motif is absolutely not a reason to say that one was ripped off while the other is original; quite the opposite.
Maybe people have been responding to you so negatively because of the one-sided (and ill-informed) arrogance with which you address an issue that is clearly not black and white.
Lori,
Maybe the shit is being slung at you because you’re so certain you have a rock-solid point when you’re completely wrong. They’re not the same piece, the blossoms are not shaded in the same way, and most importantly, [b]the placement is not the same[/b]. Look at the two pictures side by side – the blossoms are absolutely not in the same places, nor are the petals. There’s a huge difference between being ‘somewhere on the rib cage’ and the specific location within that relatively large space. The movement of both pieces is clearly different.
I think the fact that you’re prone to ignore really important aspects of design is even more evident when you say you’d be as offput by the idea of someone with large wings as a backpiece, as though Elayne Angel was the only person to think of such a thing. Hell, she’s probably not even the first to get a piece like that done. And bringing in an attorney’s opinion is completely irrelevant; this is not a copyright issue. Just because it gets a lot of attention on BME dosn’t make a piece incredibly unique or original, in theory or practice.
If Mandy was that upset by seeing someone with similar work, that’s her fault for getting work done using a very common theme and thinking she would be the only one. Quite frankly, if she’s so upset that her look isn’t as unique as she thought it was, I have to seriously question her motivation for getting the piece done in the first place. The definition of a ‘motif’ is a recurrent element in artistic work, more or less. The fact that they have a similar motif is absolutely not a reason to say that one was ripped off while the other is original; quite the opposite.
Maybe people have been responding to you so negatively because of the one-sided (and ill-informed) arrogance with which you address an issue that is clearly not black and white.
if you want something “original” you’re definitely not going to get it by doing a cherry blossom motif. But anyhow I looked at both pictures and they looked the same to me but that’s the way it goes. Sure they may look different in small ways or whatever but at a glance they look eeexxactly alike. Oh well, yeah? Like anyone will care, we all get old and our flesh sags and ends up looking alike anyway.
if you want something “original” you’re definitely not going to get it by doing a cherry blossom motif. But anyhow I looked at both pictures and they looked the same to me but that’s the way it goes. Sure they may look different in small ways or whatever but at a glance they look eeexxactly alike. Oh well, yeah? Like anyone will care, we all get old and our flesh sags and ends up looking alike anyway.
designs as simple as this or very traditional in nature shouldn’t ever even be considered to be rip offs. only the very original and unique can possibly be ripped off.
even if its something you drew up all by yourself with next to zero outside inspiration, chances are that its allready been done.
i remember the whole drama that went down when some model with a fake leg pitched a fit because someone got a similar tattoo to her chest piece. someone said it was basically “emotional rape” or some such silly shit it had me El oh Elling all day. yeah pirate skulls and knives is seriously original! truth be told those tats were too similar in some regaurds but the “copy” was better imo but those are chances you run when you get some shit that looks like 100′s of other pieces of pirate/skull flash
designs as simple as this or very traditional in nature shouldn’t ever even be considered to be rip offs. only the very original and unique can possibly be ripped off.
even if its something you drew up all by yourself with next to zero outside inspiration, chances are that its allready been done.
i remember the whole drama that went down when some model with a fake leg pitched a fit because someone got a similar tattoo to her chest piece. someone said it was basically “emotional rape” or some such silly shit it had me El oh Elling all day. yeah pirate skulls and knives is seriously original! truth be told those tats were too similar in some regaurds but the “copy” was better imo but those are chances you run when you get some shit that looks like 100′s of other pieces of pirate/skull flash
I think people need to read the many articles Marisa(FREE) has wrote in the past about copyrighting….Tattoos and Scarification I feel belong in the realm of copyrighted materials.
It can be seen as two things though…As Dave said it can be viewed as a form of flattery via imitation…Although it can also be seen as an insult, especially if its a custom personal piece.
Personally as much as my arm is just viewed as a bunch of geometric shapes that flow with my arm…It has deep personal meaning to me and if I found out someone copied it, I’d be pissed.
There’s a lot of similarities but there’s also differences…
The BEST way to show the similarities and differences is if you get photo’s of both of them side by side for a proper analysis of the two.
Personally I don’t get how people are going to talk down to someone saying a cherry blossom motif is not original…Have we diluted and degraded ourselves so much to this point that we can judge whats original and what’s not? So much goes into what’s original and although what one person may view as being original another person won’t.
It’s almost like trying to figure out who’s cool and who’s not cool…
I think people need to read the many articles Marisa(FREE) has wrote in the past about copyrighting….Tattoos and Scarification I feel belong in the realm of copyrighted materials.
It can be seen as two things though…As Dave said it can be viewed as a form of flattery via imitation…Although it can also be seen as an insult, especially if its a custom personal piece.
Personally as much as my arm is just viewed as a bunch of geometric shapes that flow with my arm…It has deep personal meaning to me and if I found out someone copied it, I’d be pissed.
There’s a lot of similarities but there’s also differences…
The BEST way to show the similarities and differences is if you get photo’s of both of them side by side for a proper analysis of the two.
Personally I don’t get how people are going to talk down to someone saying a cherry blossom motif is not original…Have we diluted and degraded ourselves so much to this point that we can judge whats original and what’s not? So much goes into what’s original and although what one person may view as being original another person won’t.
It’s almost like trying to figure out who’s cool and who’s not cool…
“Planned out” whatever.
Copied? definitely. Whether they admit it or not.
For an art major, where the hell is all the creativity?
How about carving “original by kitten” underneath?
“Planned out” whatever.
Copied? definitely. Whether they admit it or not.
For an art major, where the hell is all the creativity?
How about carving “original by kitten” underneath?
JimmieJoe: Hey, thanks for reading my comments and posting with emotional responses, rather than facts, especially since you clearly have no idea what I’m talking about or what artwork I’m even referring to.
I’ve said what I have to say, and at the end of the day, it’s my OPINION on the subject. I think Dave Gillstrap said it best in his comment on Keylan’s entry: “Same thing, same side, same placement. Try not to make a habit out of this.” So, yeah.
JimmieJoe: Hey, thanks for reading my comments and posting with emotional responses, rather than facts, especially since you clearly have no idea what I’m talking about or what artwork I’m even referring to.
I’ve said what I have to say, and at the end of the day, it’s my OPINION on the subject. I think Dave Gillstrap said it best in his comment on Keylan’s entry: “Same thing, same side, same placement. Try not to make a habit out of this.” So, yeah.
I’d be totally gutted that if, when I get my moko and if I decide to put pictures of it here on IAM, another member copied my design, even slightly, strictly because of its extreme significance to me as a Maori. But in this case I think its an over-exaggeration. Like Dave said, its a scar. Scars heal differently, so they’re not going to be the same at all. “Keylan and I are sraight…Mandy ain’t trippin….Leave the other chick alone.”
I’d be totally gutted that if, when I get my moko and if I decide to put pictures of it here on IAM, another member copied my design, even slightly, strictly because of its extreme significance to me as a Maori. But in this case I think its an over-exaggeration. Like Dave said, its a scar. Scars heal differently, so they’re not going to be the same at all. “Keylan and I are sraight…Mandy ain’t trippin….Leave the other chick alone.”
I just want to add that copying or emulating an artistic design is not, by definition, “stealing.” It is copying or emulating only. Nothing was taken, there was no theft. When you equate copying with stealing it is only to try and force others to see the situation negatively like yourself by using words that are negative.
I just want to add that copying or emulating an artistic design is not, by definition, “stealing.” It is copying or emulating only. Nothing was taken, there was no theft. When you equate copying with stealing it is only to try and force others to see the situation negatively like yourself by using words that are negative.
>>>”Personally I don’t get how people are going to talk down to someone saying a cherry blossom motif is not original…”
>>>”Personally I don’t get how people are going to talk down to someone saying a cherry blossom motif is not original…”
^^^^
It’s not original, it’s a fad, and like all fads, it comes and goes.
^^^^
It’s not original, it’s a fad, and like all fads, it comes and goes.
Taken from Skin & Ink November 2004 Issue:
“Human beings are not two dimensional canvases. Our bodies come in various shapes and sizes. Ink takes to skin differently. I figured that this argument would blow a hole through the whole idea of copyrighting tattoos. But, to be sure, I contacted an expert in copyright law, Mark Radcliffe, partner in the law firm Gray Cary, who specializes in intellectual property protection. I first asked him the basic question, “Is an original tattoo design inked into the skin a copyrightable work?” He said, “Yes, all ‘original’ works of authorship are copyrightable. The design was probably originally created as a drawing, so the actual tattoo is a ‘reproduction’ of the original work. It is covered by the general provision of the copyright law.” He added that, in suing for infringement of copyright, the tattoo must be substantially similar, not exact. Thus, a custom tattoo on an 18 year old supermodel copied onto a 300 pound couch potato would be in violation of the original work’s copyright protection.
With the similarity issue dealt with, Radcliffe also cleared up the originality question for me. In his online primer on copyright law, he explains that the originality requirement is not stringent and that a work can be original without being unique. It can also incorporate preexisting material.”
Ultimately copyright protection I feel should always be discussed before the piece is performed, scarification or tattooing…And if the artist and the client feel justified in copyrighting the piece they should do so.
The one issue is what if Kitten is upset but Dave finds it flattering? See where I’m getting at, as to why this type of stuff should be discussed BEFORE anything is done permanently?
Taken from Skin & Ink November 2004 Issue:
“Human beings are not two dimensional canvases. Our bodies come in various shapes and sizes. Ink takes to skin differently. I figured that this argument would blow a hole through the whole idea of copyrighting tattoos. But, to be sure, I contacted an expert in copyright law, Mark Radcliffe, partner in the law firm Gray Cary, who specializes in intellectual property protection. I first asked him the basic question, “Is an original tattoo design inked into the skin a copyrightable work?” He said, “Yes, all ‘original’ works of authorship are copyrightable. The design was probably originally created as a drawing, so the actual tattoo is a ‘reproduction’ of the original work. It is covered by the general provision of the copyright law.” He added that, in suing for infringement of copyright, the tattoo must be substantially similar, not exact. Thus, a custom tattoo on an 18 year old supermodel copied onto a 300 pound couch potato would be in violation of the original work’s copyright protection.
With the similarity issue dealt with, Radcliffe also cleared up the originality question for me. In his online primer on copyright law, he explains that the originality requirement is not stringent and that a work can be original without being unique. It can also incorporate preexisting material.”
Ultimately copyright protection I feel should always be discussed before the piece is performed, scarification or tattooing…And if the artist and the client feel justified in copyrighting the piece they should do so.
The one issue is what if Kitten is upset but Dave finds it flattering? See where I’m getting at, as to why this type of stuff should be discussed BEFORE anything is done permanently?
That quote is taken from an article with Marisa IAM: FREE
That quote is taken from an article with Marisa IAM: FREE